Amit 18 December 2015

Builder asking to sign document at time of possesion

Hi All,

I need your help please. My builder is asking to sign us a document which says, he will construct further floors even after giving possession. At this moment 6 floors are already constructed, and he is giving possession of those 6 floor flats. My questions to you are:

1) Is it legal on behalf of builder to construct upper floors when residents are staying in lower floor flats?

2) Can builder force you sign such agreement?

3) He is asking us to sing on agreement on 100 rs stamp paper instead of giving a posseion letter on his letterpad. Does the agreement signed on 100 Rs stamp paper mean anything?

4) What are the legal actions I can take again him? I consider this as threat to life of family memeber if aything during construction goes wrong and building collapse.

Kindly, provide me the legal advice. Thanks in advance.

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 December 2015

At the time of agreement, you see the proper permission is there for building plan from the municipal authorities and fire authorities etc. or not ? You must get Occupation certificate from the municipal auhorities but not from the builder. so that you will know the authencity of the builder agreement

K.S.Srinivas (Advisor (HR)) 23 December 2015

1. NOC is required from all the flat owners.

2. No.

3. Occupation certificate will be iuused by the Municipal authorities.

4. Check whether there is a permission for the construction of further floors.

T. Kalaiselvan, Advocate (Advocate) 26 December 2015

Even if the builder is ready to give possession letter, without occupancy certificate from the competent authorities just mere possession is not valid. The authorities have to inspect the building for completion of construction and after confirming the safety to occupy by the incumbents, they may issue the certificate.It is the duty of builder to procure occupancy certificate.

The new agreement by the builder forcing the flat owners to sign may be for the construction of further floors unauthorized so that he can shield himself in the event of any untoward incidence during the process of new construction.

There is no force on you to sign any such agreement, even then you may take a legal opinion about this agreement from a local advocate and confirm the legality of such an agreement.